Mr. Lewis to Mr.
Bayard.
Legation of
the United States,
Lisbon, February 28, 1889.
(Received March 16.)
No. 163.]
Sir: Immediately upon the receipt of Department
instructions No. 103, relating to the fine imposed upon the American bark
Carrie Heckle by the Portuguese custom-house
authorities at Lourenço Marques on the east coast of Africa. I addressed a
communication dated 22d instant to Senhor Henrique de Barros Gomes, minister
of foreign affairs, a copy of which accompanies this dispatch. I have this
day received a communication from Senhor Barros Gomes, and forward inclosed
copy and translation thereof.
I have, etc.,
[Inclosure 1 in No. 163.]
Mr. Lewis to Mr.
Gomes.
Legation of the United States,
Lisbon, February 22,
1889.
Sir: I am instructed by my Government to call
your excellency’s attention to a case that has occurred in Delagoa Bay,
on the east coast of Africa. It appears that on the 9th of May, 1888,
the American bark Carrie Heckle (Capt. M. E.
Colcord, master) parted her chain at Port Natal, and losing one anchor
was forced by stress of weather to bear away for Delagoa Bay, where she
arrived on the 17th May with all her papers except a bill of health from
the Portuguese consul at Port Natal; and further, it appears that
notwithstanding the captain procured such a bill by telegraph, under the
direction of the authorities at Delagoa Bay, he was fined in the sum of
about £15 sterling, and paid the amount under protest. The above facts
are admitted in the record of the imposition of the fine, and the
statement is made that vis major and distress
could not exempt from the fine, since no provision for such
contingencies was contained in the regulations.
Notwithstanding the absence of such a provision from the regulations, it
is a principle universally accepted and founded in the strictest justice
that a vessel can not be held liable for a penal violation of port laws,
by being driven into port by stress of weather, a rule so clear and
necessary that argument can not add any three to it. I am instructed to
state that it is hoped that the Portugese Government will remit the
fine. I have the honor to inclose to your excellency a copy of the
certificate from the president and secretary of the board of health at
Lourenco Marques.
I avail, etc.,
[Page 651]
[Inclosure 2 in No. 163.]
Mr. Gomes to Mr.
Lewis.
Ministry of Foreign Affairs,
Lisbon, February 26,
1889.
Sir: I acknowledge the receipt of the note
dated 22 current, which your excellency did me the honor to address me
on the case of the line imposed on the captain of the Carrie Heckle in Lourenco Marques.
I have forwarded an account of the contents of said note to the proper
authorities, whose report I await before replying to your
excellency.
I avail, etc.,
